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Native Files for the 3D Experience in Civil Litigation
Plaintiff eDiscovery Experts Explain 21st Century Document Review When a party seeks electronic discovery in civil litigation, obtaining data in its native format is the equivalent of a 3D experience. Rather than looking at a limited 2 dimensional view of a document, native format offers the ability to learn about
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Well-Pled Allegations are a Requirement to Expand the Scope of Plaintiff eDiscovery
How well-pled are your allegations? Do they justify the scope of electronic discovery you are seeking? In a district court order dated March 5, 2013 in the case US ex rel. King, et al. v. Solvay, Civil Action No. H-06-2662 (S.D.Tx 2013), the crux of a qui tam complaint was
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Fourth Circuit Defends its Narrow Interpretation Regarding Taxation of Costs for Making Copies
In our last blog, we discussed the recent Fourth Circuit case Country Vintner v. Gallo, No. 12-2074 (4th Cir. 2013). In this case, the Fourth Circuit followed the Third Circuit’s reasoning in Race Car Tires Am. Inc. v. Hoosier Racing Tire Corp., 674 F.3d 158 (3rd Cir. 2012) to disallow
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Electronic Discovery Update: Costs Awarded in “Sledgehammer” Case
Anyone who follows eDiscovery case law is sure to remember the 2012 court order in Taylor v. Mitre Corp., No. 1:11-cv-1247, (E.D.Va.). In the case, the plaintiff brought an employment discrimination claim against his former employer. After filing a claim, he took a sledgehammer to his work laptop. Although he
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District Court Chastises Defendant for Lack of eDiscovery Knowledge
Many lawyers now have a good understanding of electronic discovery law and technological advances, and the updated ABA model rules require this understanding to fulfill the ethical requirement of competence. For attorneys who lack this knowledge or who attempt to claim ignorance to evade discovery obligations should take note: courts
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Does the Duty to Preserve Include the Duty to Recover Electronic Data?
The case law is clear: once litigation is reasonably foreseeable, both parties in civil litigation have a duty to preserve electronic data that would be relevant to a claim or defense. If a party destroys evidence, even unintentionally, this could be construed as spoliation. The sanctions available after spoliation include
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Clawbacks: A Weapon Against Defense Undue Burden Argument?
A common excuse for defendants responding to plaintiff electronic discovery requests is that it is unduly burdensome to have to review massive amounts of documents for privilege. Many defendants will claim that having to review the documents to remove or redact privileged electronic data is just too expensive. While these
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Default Judgment Entered Against Defendant in 10th Circuit Discovery Abuse Case
In Klein-Becker USA, LLC v. Englert, No. 12-4076, (10th Cir. 2013), plaintiff brought an action against an individual defendant who fraudulently acquired the plaintiff’s product and was selling it online. The defendant resisted plaintiff discovery requests from the start. Early in the case, in ruling on plaintiff’s motion for sanctions, the magistrate judge
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Deleted Facebook Account: Misunderstanding or eDiscovery Spoliation?
In the case Gatto v. United Air Lines, Inc., Civil Action No.: 10-cv-1090-ES-SCM (N.D.N.J. March 25, 2013), the court entered an order on the defendant’s Motion for Sanctions in a personal injury case. The defendants requested information from Gatto’s social media accounts as part of the plaintiff ESI production, served
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Different Types of Sanctions Considered for EEOC eDiscovery Disputes
In our last blog, we reviewed the plaintiff eDiscovery issues in EEOC v. The Original Honeybaked Ham Company of Georgia, No. 11-cv-02560-MSK-MEH (D.Co. Feb. 27, 2013). While the court found the EEOC attorneys’ conduct caused delays in the discovery process, it grappled with what sanctions might be appropriate. The court